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Showing contexts for: Forgery of document in Dr.Mcr.Vyas vs The Inspector Of Police on 6 August, 2014Matching Fragments
71. In respect of the allegations of attestation of declaration forms by A2, A7 and preparation of form 16 by A5, the same would not attract an offence of forgery. The Honourable Supreme Court in Mohammed Ibrahim and others Vs.State of Bihar and another (2009-8-SCC-751) in paragraphs 9 to 17 and 23 to 28 dealt with the ingredients of forgery and held that if a person executes a document without impersonating another person, then the said document could not be defined as false document and therefore, the ingredients of forgery is not attracted against the person who executed the document. It is held as follows:-
11. Section 470 defines a forged document as a false document made by forgery. The term "forgery" used in these two sections is defined in section 463. Whoever makes any false documents with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into express or implied contract, or with intent to commit fraud or that the fraud may be 6 committed, commits forgery.
12. Section 464 defining "making a false document" is extracted below :
15. The sale deeds executed by first appellant, clearly and obviously do not fall under the second and third categories of `false documents'. It therefore remains to be seen whether the claim of the complainant that the execution of sale deeds by the first accused, who was in no way connected with the land, amounted to committing forgery of the documents with the intention of taking possession of complainant's land (and that accused 2 to 5 as the purchaser, witness, scribe and stamp vendor colluded with first accused in execution and registration of the said sale deeds) would bring the case under the first category.
17. When a document is executed by a person claiming a property which is not his, he is not claiming that he is someone else nor is he claiming that he is authorised by someone else. Therefore, execution of such document (purporting to convey some property of which he is not the owner) is not execution of a false document as defined under section 464 of the Code. If what is executed is not a false document, there is no forgery. If there is no forgery, then neither section 467 nor section 471 of the Code are attracted.